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6173ORDINANCE NO. 6173 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SUBSECTION .020 OF SECTION 18.24.030 OF CHAPTER 18.24 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE (ZONING CODE AMENDMENT NO. 2010-00090; DEV2010-00069). THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. That subsection .020 of Section 18.24.030 of Chapter 18.24 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .020 Exceptions. With the exception of the requirements specified below, the regulations of this chapter shall not apply to parcels being developed entirely in compliance with the development standards of the underlying zone, and where an ordinance has not been adopted to reclassify property into the (SABC) Overlay Zone, provided that: .0201 All requirements of the underlying zone are being met by the project, except as otherwise specifically approved in conjunction with a conditional use permit, variance or administrative adjustment permitted pursuant to Chapter 18.66 (Conditional Use Permits), Chapter 18.74 (Variances), and Chapter 18.62 (Administrative Reviews). .0202 Off -premise sale of alcohol is prohibited in the (SABC) Overlay Zone except: (i) as an accessory use to a hotel, (ii) markets or grocery stores having an interior building floor area of greater than thirty thousand (30,000) square feet, or (iii) in conjunction with a brewery or winery. .0203 Except as provided in subsection 18.40.060.080 (Automatic Exemptions) of Chapter 18.40 (General Development Standards), where a building permit is sought for any development project in the (SABC) Overlay Zone, landscaping shown on the South Anaheim Boulevard Master Plan of Landscaping (the "Master Plan"), as approved by the Anaheim Redevelopment Agency on August 29, 2000, shall be planted in the size and at the spacing described in the Master Plan. Landscaping plans shall be submitted to the Planning Director and the Executive Director of Community Development, for a determination that the proposed plan is consistent with the Master Plan. The Planning Commission may grant variances from the requirements of the Master Plan pursuant to the provisions of Chapter 18.74 (Variances). .0204 Any signs or billboards installed or erected shall comply with the provisions of Section 18.24.120 (Sign Standards), except that the following shall be applicable to business signs permitted within commercial or industrial zones: .01 Properties located south of Ball Road. Freestanding signs up to twenty-five (25) feet in height, in conformance with Section 18.44.080 (Freestanding and Monument Signs — General) of Chapter 18.44 (Signs), shall be permitted, subject to the approval of a conditional use permit pursuant to Chapter 18.66 (Conditional Use Permits). .02 Properties located north of Ball Road. Signage shall be limited to freestanding or monument type signs in conformance with Section18.44.100 (Freeway -Oriented On -Site Signs) of Chapter 18.44 (Signs). .0205 All applications submitted for projects that lie within both the (SABC) Overlay Zone area and the boundaries of the Commercial/Industrial Redevelopment Project Area shall be forwarded to the Community Development Department for review. The Executive Director of Community Development shall review each application, meet and consult with the applicant with respect to the neighborhood compatibility and design features of the proposed project, and propose changes where necessary to promote high quality urban design. The Executive Director of Community Development shall propose, the Planning Commission shall review, and the Redevelopment Agency shall adopt design guidelines to assist in the review of applications. .0206 Properties located east of the Santa Ana Freeway (I-5) and south of the Southern California Edison transmission line right-of-way shall comply with the standards set forth in Section 18.40.050 (Special Area Setbacks) of Chapter 18.40 (General Development Standards). .0207 Properties within the Anaheim Colony, which is defined as the area bounded by North Street, East Street, South Street and West Street, shall be subject to The Anaheim Colony Vision, Principles and Design Guidelines. SECTION 2. SEVERABILITY. The City Council of the City of Anaheim hereby declares that should any section, subsection, paragraph, sentence, clause or word of this ordinance hereby adopted be declared for any reason invalid by the final judgment of any court of competent jurisdiction, it is the intent of the City Council that it would have adopted all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. SECTION 3. SAVINGS CLAUSE. Neither the adoption of this ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof. The provisions of this ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. 2 THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 22rd day of June , 2010, and thereafter passed and adopted at a regular meeting of said City Council held on the 20th day of .T,fly , 2010, by the following roll call vote: AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Galloway NOES: NONE ABSENT: Council Member Kring ABSTAIN: NONE CITY OF ANAHEIM (4 By: MAYOR OF THE CI F A AHEIM ATTEST: CITY CLERK OF THE CITY Of ANAHEIM 76941.v2/MGordon 3 AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, ) ) ss. County of Orange ) I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above -entitled matter. I am the principal clerk of the Anaheim Bulletin, a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, on December 28, 1951, Case No. A-21021 in and for the City of Anaheim, County of Orange, State of California; that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: July 29, 2010 "I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct": Executed at Santa Ana, Orange County, California, on Date: July 29, 2010 Signature Anaheim Bulletin 625 N. Grand Ave. Santa Ana, CA 92701 (714)796-2209 PROOF OF PUBLICATION ORDINANCE NO. 6173 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SUBSECTION .020 OF SECTION 18.4.030 OFMU- NICIPAL CODE 2(ZONING CO EEAMENDMENT NO. 20lo-000gO D 18 OF THEEIEV2010- 00069). THE CITY. COUNCIL OF THE CITY OF ANAHEIM DOES HEREBY ORDAIN AS FOL- _OWS: SECTION 1 That subsection .020 of Section 18.24.030 of Chapter 18.24 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .020 Exceptions. With the exception of the 'requirements specified below, the regula- tions of this chapter shall not apply to paryrceglls being developed entirely m compliance with the development standards of he the r1W zone, a d where an ordinance inatce has not been adopted to reclassify property 0201 All re firemen§ of the underlying zone are tieing met by the .project, except as otherwise specifically approved in conjunction with a conditional use permit, variance or administrative adjustment permitted pursuant to Chapter 18.66 (Conditional Use Permits), Chapter 18.74 (Variances), and Chapter 18.62 (Administrative Reviews), ,0202 Off-prerrnise sale of alcohol is prohibited in the (SABC) Overlay Zone except (d as an accessory use to a hotel, (ii) markets or grocery stores having an Interior b acing floor area of greater than thirty thousand (30,000) square feet; or (iii) in conjunction with it brew- ery or wnerv. ter as rovided ubsection 18,40.()60.080 (Automatic Exemptions) of Chap- Wi,— n iaardma nermit is souaht for any de - in thi Plan on Sc they aedevelopment agency on nugusi cr; cuw, �, w r•a �- •• • j site and _ mg descnbed in ifie Master. -Plan. Land—ping, plans shall be submitted to the Planning �iredor and the Executive Director of Community DevelopirriviA, for a determination that he proposed plan is consistent with the Master. an. a Planning Commission mayy rent variances from the requirements: of the Master Plan pursuant to the provisions of Dhapter 18.74 (Variances). .0204 AnV�ipns or billboards 1nattalled or erected shalt comply with the provisions of Sac- __ .e ..r,.a Tci..., Q s.,,� ki eYc�t that the followina shag be applicable to business signs, permitted within commercial or 1rwusma, �..n.vo.. .01 Properties located south of Bell Road. Freestandingg sitgns up to twenty-five (25) feet in height, m conformance with Section18.44.080 (Fr Ing and Monument Signs General) of Chapter 18.44-(S'��ns), shall be ed, subject to the approval of a condi- tional use permit pursuant to Chapter 18.66 ( nditiatal lJss Permits). .02 Properties located north of Ball Road. Signage shah be limited to freestanding or monument type signs jn conformance with Section18.44.100 (Freeway -Oriented On Site Signs) of Chapter 18.44 (Signs), .0205 All applications submitted for prc)scts that he within both the (SABO) Overly Zone area and the boundaries of the Comm ercialnndustrial Redevelopment tP oshall or with Of the review of applications. 0206 Properties located. east of the Santa Ana Freeway (t-5) and south of the Southern California Edison transmission line right-of-way shall compltyy with the standards set forth in Section 18.40.050 (Special Area Setbacks) of Chapter 18% (General Development Stand- ards).. .0207 Properties within the Anaheim Colony, which Ill-defined as the area bounded by North Street, East Street, South Street and West Street, shall be subject to The Anaheim Colony Vision, Principles and Design Guidelines. SECTION 2. SEVERABILITY. The ,City Council of the City of Anaheim hereby declares that should any section, subsection, paragraph, sWanes, clause or word of this ordinance hereby adopted be de cloned for airy reason im�alid by the final- judgment of any court of competent jurisdiction, it is the intent of the City Council that s would have adopted all other portions of this ordi- nance independent of the alma nation heretrom of any such portion as may be declared in valid. SECTION 3. SAVINGS CLAUSE. Neither the adoption of this ordinance nor the repeal of any other grdinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any li- cense or penalty or the penal provisions applicable to any violationthereof .-The provjajons of this ordinance, insofar as they are substantieNy the same as ordinance provisions previ o s ty adopted by the �CCXXyy relating to the same sub)ecf, mattsr, shall be construed as coritinuaifons, and nodus new enactments.THE FOREGOING o was Introduced at a reg lar of Council of the City of Anaheim held oEn the 22nd day of June 2Ef10 and theregaiter passes and adopted at a regular meeting of said City Council held on the 20th day of July, 2010, by the following roll cell vote: AYES: • Mayor Pringle, Council Members Sidhu, Hernandez, Galloway NOES: NONE ABSENT. Council Member Kring ABSTAIN: NONE CITY OF ANAHEIM By: als Curt PringleMAYOR OF THE CITY OF ANAHEIM ATTEST: slit Linda N. Andal CITY CLERK OF THE CITY OF ANAHEIM 76941.10MGordon Pu ' h: m I '